On the Eve of the Transgender Vote Liberty Counsel Weighs In

David Stead, the Executive Director of the Minnesota State High School League (MSHSL), is committed to having his way in passing a transgender policy for all MSHSL schools athletic teams, requiring that all schools must allow transgender students to play on the team of their opposite sex. This will mean biological males (who feel they are females) competing against biological females, and it will open the door to mixed showers, locker rooms, and bathroom facilities, as well as hotel accommodations when teams are travelling. At the heart of this policy is the false premise that a boy who feels he is a girl is every bit as much a girl as a girl is.

Tomorrow the MSHSL Board members will vote to accept or reject that proposal. Mr. Stead continues to insist that federal Title IX law requires that transgender students be eligible to participate on teams of their gender identity. Today the Liberty Counsel has delivered a legal opinion on the matter to each of the MSHSL Board Members.

Dear Board President McCready,

In support of this proposed policy, David Stead’s letter of November 28, 2014 to the MSHSL Board discusses both Title IX and Minnesota law. This letter contains significant errors, not the least of which is the statement that it is “well established that discrimination against transgender students is prohibited by Title IX.”

In support of this proposition, Mr. Stead cites no legal authority, but merely references the “Federal Guidance document” from the U.S. Department of Education Office of Civil Rights (“OCR”) “Questions and Answers on Title IX and Sexual Violence,” which in turn cites no authority – case law or statutory – for the proposition that Title IX now applies to students claiming to be the opposite sex for purposes of high school athletics. [Read the whole letter here.]

Liberty Counsel is one of the nation’s largest nonprofit litigation, education, and policy organizations dedicated to advancing religious freedom, the sanctity of life, and the family and offices in California, Florida, Virginia and Washington, D.C.

The American College of Pediatricians also sent a letter today urging the board not to adopt the proposed policy.

There is not sufficient scientific evidence to document that this is a healthful course of action for any student – including those whom this policy is intended to accommodate; those who identify as transgender…

Surely the board has the best of intentions in considering this policy. However, based on the experience of the Endocrine Society and the aforementioned mental health professionals, adopting this policy could actually be harmful to the very students it seeks to serve. Changing the existing policy to normalize their gender identity confusion and officially accommodate it by adopting this policy would constitute a very strong affirmation of their disorder. The College believes this course of action would decrease the likelihood of these troubled adolescents seeking the professional help they need. Furthermore, it is also possible that those who do seek therapy will be less likely to successfully deal with their disorder.

Schools have no authority to engage in therapy for psychological challenges such as Gender Dysphoria. Adopting this policy, however, would amount to a therapeutic intervention which will likely be detrimental to the very students it seeks to accommodate. [See the entire letter here (page 1) and here (page 2 and 3).]